The Protection Of The Rights And Interests Of Small And Medium Shareholders' Profit Distribution Claims

Company system is the product of social and economic development,since emerged,it has effectively solved the contradiction between the capital and market demand.With the rapid development of society,more and more investors favors in investing companies,And hope getting return from investing in a company.On the existing legal system,if company is profitable and in compliance with legal requirements,investors can participate in profit distribution as shareholders.Obtaining return from investment is the fundamental purpose of investors investing in companies,therefore,Profit distribution right is the core of shareholder's rights,also it is the foundation of all rights.On the current company law system,whether the company distributes profits to shareholders,or how to distribute profits,there are still many uncertainties.The company law belongs to the field of private law.For the profit distribution belonging to the internal affairs of the company,the law retains the pace of intervention.In the practice of the company,due to the influence of the principle of capital majority decision,it is not uncommon for a large shareholder of majority capital to abuse shareholder's power and maliciously useing voting rights to raise the will of the individual into the will of the company.The company's shareholder meeting and board of directors are generally generated directly or indirectly by the major shareholders,which leads the major shareholder to participate in the daily operation and management of the company through the company's highest authority and executive agency,and to grasp the company's overall information.Company executives are usually directly served by major shareholders(natural persons)or by major shareholders(legal persons),who pay high salaries to these executives by setting up company charters or voting by company resolutions.In addition to the above-mentioned channels,major shareholders can also profit from other methods,which inevitably leads to serious damage to the legitimate rights and interests of minority shareholders.The reasons of minority shareholders' rights are easily violated,one is that natural conflicts of interest between major shareholders and minority shareholders,the other one is the ability of small and medium shareholders to obtain information within the company is unparalleled with major shareholders,and also small and medium-sized shareholders are unable to bear high time and economic costs in the actual process of rights protection,besides there are other market factors,therefore small and medium-sized shareholders lack of effective remedies in the face of equity damage.Although the current law gives small and medium-sized shareholders some relief rights,especially the < Company law judicial interpretation 4 > has been romulgated,the latest remedies are laid down for the profit distribution right of small and medium shareholders,but in practice these relief measures can effectively solve the problem.So it is still a topic worth exploring.Domestic and foreign laws and regulations on the rights of relief for small and medium shareholders are different,but the more consistent view is that it should support the small and medium-sized shareholders to take the lawsuit of compulsory profit distribution claims to protect their legitimate rights and interests.Therefore,this paper takes the perspective of small and medium shareholders as the starting point,hopes discusses the relief system of the profit distribution request right and it's solutions...